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The Insolvency (Northern Ireland) Order 1989

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This is the original version (as it was originally made).

Preliminary
Who may present a bankruptcy petition

238.  (1)  A petition for a bankruptcy order (a bankruptcy petition) to be made against an individual may be presented to the High Court in accordance with the following provisions of this Part—

(a)by one of the individual’s creditors or jointly by more than one of them,

(b)by the individual himself,

(c)by the supervisor of, or any person (other than the individual) who is for the time being bound by, a voluntary arrangement proposed by the individual and approved under Part VIII, or

(d)where, in the case of a solicitor, the Law Society of Northern Ireland have been appointed his attorney by virtue of Part III of the Solicitors (Northern Ireland) Order 1976(1), by that Society.

(2) Subject to those provisions, the High Court may make a bankruptcy order on any such petition.

Conditions to be satisfied in respect of debtor

239.  (1)  A bankruptcy petition shall not be presented to the High Court under Article 238(1)(a) or (b) unless the debtor—

(a)is domiciled in Northern Ireland,

(b)is personally present in Northern Ireland on the day on which the petition is presented, or

(c)at any time in the 3 years immediately preceding that day—

(i)has been ordinarily resident, or has had a place of residence, in Northern Ireland, or

(ii)has carried on business in Northern Ireland.

(2) The reference in paragraph (1)(c) to an individual carrying on business includes—

(a)the carrying on of business by a firm or partnership of which the individual is a member, and

(b)the carrying on of business by an agent or manager for the individual or for such a firm or partnership.

Other preliminary conditions

240.  (1)  Where a bankruptcy petition relating to an individual is presented by a person who is entitled to present a petition under 2 or more sub-paragraphs of Article 238(1), the petition is to be treated for the purposes of this Part as a petition under such one of those sub-paragraphs as may be specified in the petition.

(2) A bankruptcy petition shall not be withdrawn without the leave of the High Court.

(3) The High Court may, if it appears to it appropriate to do so on the grounds that there has been a contravention of the rules or for any other reason, dismiss a bankruptcy petition or stay proceedings on such a petition; and, where it stays proceedings on a petition, it may do so on such terms and conditions as it thinks fit.

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